We are excited to share the latest development on the Unified Patent Court. Italy, France, and Germany have now successfully reached an agreement on the creation of the Milan seat of the Central Division, replacing the former London section.
The Administrative Committee of the Unified Patent Court took a significant step forward on June 26, 2023, when it issued a decision to the UPCA. The amendment outlines the following exciting changes:
"The central division shall have its seat in Paris, with sections in Milan and Munich. The cases before the central division shall be distributed in accordance with Annex II, which shall form an integral part of this Agreement."
In light of this amendment, the responsibilities of the former London section have been reallocated to the Paris seat and the two sections of the Central Division. The revised Annex II of the UPCA now reflects the new allocation of competences (the former London competences highlighted in bold):
MILAN SECTION: (A) Human necessities, without supplementary protection certificates.
PARIS SEAT: (B) Performing operations, transporting (D) Textiles, paper (E) Fixed constructions (G) Physics (H) Electricity, supplementary protection certificates.
MUNICH SECTION: (C) Chemistry, metallurgy, without supplementary protection certificates (F) Mechanical engineering, lighting, heating, weapons, blasting.
While the decision came into force on June 26, its effects is planned to be implemented within a year. This time frame allows the Contracting Member States to declare, if they do not wish to be bound by the decision. However, preparatory work will commence immediately.
Further, The Court's Presidium shared information with Member States and observers regarding its operations and caseload. Currently, there are 23 cases in progress. These cases include six protective measures, comprising four applications for provisional measures and two applications to preserve evidence. Additionally, there are three Revocation actions and 14 Infringement actions being addressed by the Court. In addition to the active cases, the Court has received 236 protective letters.
Originally published 30 June 2023
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